Terms and Conditions
These Audeus Terms of Service (“Terms”) are between you and Audeus LLC. (“Audeus”, “us”,“we”, or “our”). By using our Services (as defined below), you agree to be bound by these “Terms.” These Terms apply to your access to and use of Audeus’:
- website located at audeus.com and all associated web pages, websites, and social media pages (the “Website”); and
- services (including applications) and products accessible via the Website, or otherwise made available to you by us (together with the Website, the “Services”).
The term 'Device' refers to any device used to access our Services, including, but not limited to, computers, smartphones, and tablets.
You acknowledge and agree that you have read, understood, and agree to be bound by our Privacy Policy. This also includes all supplementary terms and Audeus policies referenced or communicated to you via our website, platform, or electronic communications, including but not limited to email notifications and in-platform messages. Any document incorporated by reference, such as additional policies or guidelines, forms an integral part of these Terms.
Updates to the Terms
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of those changes by any reasonable means, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.
Eligibility
Age. If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services.
Authorization. If you register, access or use our Services on behalf of another person or entity, (a) all references to “you” in these Terms (except for the Age eligibility requirement above) will include that person or entity, (b) you represent that you are authorized to enter into these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us. If you are an entity using any Services pursuant to these Terms, you are responsible for your employees’ and representatives’ use of the Services, including ensuring they comply with these Terms.
Personal Data
You may provide certain information to Audeus in connection with your access to or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive communications from Audeus via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Audeus in connection with the Services is accurate.
By accepting these Terms, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy. For information about how we collect, use, share, and otherwise process information about you, please review our Privacy Policy.
Accounts
To access and use certain features of our Services, you may be required to create an account (“Account”). During registration, you must provide accurate, complete, and current information as prompted by the registration form. You are strictly prohibited from sharing or allowing others to use your individual account credentials and are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to promptly update any information provided in connection with your Account to keep it accurate, current, and complete. You must maintain the security of your Account and any Device you use to access our Services, promptly notifying us if you discover or suspect any unauthorized access or use of your Account. You are responsible for all activities that occur under your Account, whether authorized by you or not, and agree to immediately notify us of any unauthorized use, suspected unauthorized use of your Account, or any other security breaches. We are not liable for any loss or damage arising from your failure to comply with these obligations. Additionally, you agree that your use of the Services does not violate any applicable law or regulation.
Subscriptions
Subscriptions. To access and use certain Services, you may be required to enroll in a subscription payment plan (a “Recurring Subscription”). Your Recurring Subscription will automatically renew until you cancel it or your Recurring Subscription is otherwise terminated. You authorize us to store your payment method information and to automatically charge your payment method(s) for the amount of your Recurring Subscription with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. In the event that Audeus is unable to charge your payment method(s) as authorized by you when you enrolled in a Recurring Subscription, Audeus may in its sole discretion (a) suspend your access to the Services until payment is received or (b) seek to update your payment method information through third-party sources (i.e., your bank or a payment processor) to continue charging your payment method as authorized by you. You may cancel your subscription through your account. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. Audeus may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least 7 days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and Audeus will charge your on-file payment card or method on the first day of the renewal of the subscription term.
Payment. You represent and warrant that you have the right to use any payment method that you submit in connection with a payment. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
Refunds and Exchanges. All sales are final. We may offer refunds in our sole discretion.
Free Trial.Audeus may, at its sole discretion, offer a Subscription with a limited period of time that may be free when purchasing a Subscription (a “Free Trial”) for a limited period of time. You may be required to enter billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for a Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription You have selected. At any time and without notice, Audeus reserves the right to (a) modify the terms and conditions of the Free Trial offer, or (b) cancel such Free Trial offer.
Reservation of Rights. Audeus reserves the right, including without prior notice to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Services; and to refuse to provide any user with any Service.
Access to Services
Ownership.The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Audeus or our licensors. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors.
Limited License. Subject to your compliance with these Terms, Audeus hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to make personal non-commercial use of our Services. With the exception of Audeus for Canva, Services are not intended for your commercial use. For clarity, any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Trademarks. The name “Audeus” and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Audeus and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Audeus or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or technologies in Audeus’ sole discretion. Audeus will exclusively own any improvements to, or new inventions based upon, such Services, or Services based on the Feedback. You understand that Audeus may treat any Feedback as nonconfidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Content
You may provide content as input to our Services ("Content"). Content may include, without limitation, documents, photos, text, or any other content that you may provide to us through the Services. You further represent that you have all rights to distribute such Content, agree to do so solely for lawful purposes and recognize that you shall be solely responsible for such Content. By using our Services, you agree to ensure that the Content you upload respects all applicable laws, and avoids encroaching upon the rights of others. We may take necessary actions, including but not limited to restricting access, actions required to ensure compliance with applicable laws, these Terms, and to protect our rights, third-party rights, or as required by law enforcement or court orders. We are not responsible for the Content provided by you. We make no warranties or representations, express or implied, about Content, including as to its legality or accuracy. You represent and warrant that you own or otherwise control the rights to your Content. Content is not considered to be confidential. You agree not to submit any Content in which you have any expectation of privacy. We do not systematically review Content submitted by you or other users. We reserve the right, but have no obligation, to review, monitor, or remove Content at our discretion.
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The rights granted to you in these Terms are subject to the following restrictions: You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; You are prohibited from modifying, creating derivative works, disassembling, decompiling, or reverse engineering any portion of the Services. This includes, but is not limited to, attempting to discover the underlying source code, algorithms, or any other proprietary information contained within the Services; You are prohibited from engaging in any activities aimed at, but not limited to, circumventing, bypassing, or breaching the security measures implemented to protect the restricted areas of the Services, other user accounts, or any related systems or networks, including but not limited to the use of specialized software, hardware, or other means.
Third-Party Services and Content
Our Services rely on or interoperate with third-party products and services, including data storage services, communications technologies, and internet and mobile operators (collectively, "Third-Party Services"). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services.
We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable access to any Third-Party Services or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.
Indemnification
To the fullest extent permitted by law, you agree to defend (at our option), indemnify, and hold harmless Audeus, its directors, officers, employees, partners, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, settlements, losses, liabilities, proceedings, damages, expenses, suits, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution ("Claims"), arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use our Services, (2) information you submit or transmit through the Services (3) your violation of these Terms, the documents they incorporate by reference, (4) your violation of any law or the rights of a third-party, or (5) your conduct in connection with the Services.
You will cooperate with Audeus in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Audeus.
Disclaimers
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permitted under applicable law, we disclaim all warranties, express or implied, in connection with our Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal data and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AUDEUS ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOST REVENUE, LOSS OF DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AUDEUS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE, ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Modifying and Terminating Our Services
We may: (a) modify, impose limits on, replace, upgrade, update, suspend, or terminate providing all or part of our Services at any time; (b) charge, modify, or waive any fees required to use the Services; or (c) offer opportunities to some or all end users of the Services, each of (a) through (c) without any liability or additional notice to you. All modifications and additions to the Services will be governed by the Terms, unless otherwise expressly stated by Audeus in writing. We are not responsible for any loss or harm related to your inability to access or use our Services. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in the Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
Electronic Communications
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. Electronic communications also include, but are not limited to, using the Services, receiving communications posted on the Services, and any notices posted by the company on the Services. You consent to receive electronic communications, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Dispute Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting us.
Informal Dispute Resolution Prior to Arbitration
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or our Services (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If you assert a Dispute against us, you will first contact us by sending a written notice of your Dispute to us by email to the email listed in the “Contact Information” section in these Terms. If Audeus asserts a Dispute against you, Audeus will contact you by sending a written notice of Audeus’ Dispute to you via email to the primary email address associated with your account.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email listed in our contact information section below. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us. By agreeing to these terms, you hereby waive your right to sue in court and have a trial in front of a jury or judge, and instead elect and agree to have any claims resolved by arbitration.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No class or representative actions or arbitrations are allowed under this arbitration agreement. You and Audeus agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding.
Exceptions to Informal Dispute Resolution and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction.
General Terms
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. These Terms operate to the fullest extent permissible by law. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any portion of these Terms is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Contact Information
You may contact us by sending correspondence by emailing us at contact@audeus.com.
Please be advised that email communication is not a fully secure method of exchanging information. You should avoid including credit card numbers, or other sensitive information in your email correspondence with us.